The Supreme Court’s June 12 decision that favored POM Wonderful’s use of the Lanham Act against Coke’s Minute Maid pomegranate/blueberry-labeled juice blend says that false advertising law and FDA regulations can coexist in the federal oversight of misleading labels, rejecting Coca-Cola's argument that FDA authority preempts other federal statutes in the area of food and beverage labeling. This ruling may open the floodgates for similar company vs. company litigation going forward as it’s possible that the Food, Drug & Cosmetic Act would be no longer a defense that FDA law preempts these kinds of private lawsuits.

Join UNPA President for a review of the court’s decision, and a discussion of the issues and implications for dietary supplement, food and functional food manufacturers.